DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
According to the Amendment filed on 9/14/26, Claims 1, 3, 11 are amended, and claims 1-20 are pending.
Claim Rejections - 35 USC § 112
Claim 3 was previously rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor .
Applicant has amended claim 3 to fix the issue. The rejection is moot.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Langdale (US. 20170056081) in view of Grady (US 20060095044 A1).
Langdale discloses a method of treating a fracture of a bone, comprising providing a tibia bone plate para. 5, the tibia bone plate including: a head including a plurality of bone screw holes fig. 1E , a shaft fig. 1D disposed distally of the head, the shaft including: a first set of holes having first and second locking holes 120, fig. 1A longitudinally spaced from each other, and a second set of holes disposed proximally of the first set of holes and having a dynamic compression slot 120 and a third locking hole 128 longitudinally spaced from each other , wherein the first set of holes and the second set of holes are disposed on the shaft such that the first locking hole 120 is directly adjacent to the second locking hole 120 and the dynamic compression slot 120 is directly adjacent to the second locking hole 120 and the third locking hole 128.
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positioning the tibia bone plate to the bone; and securing the tibia bone plate to the bone using one or more of the plurality of bone screw holes, the first set of holes, and the second set of holes fig. 4a, wherein every locking hole is a fixed angle locking hole para. 7, 8, 11, wherein the first dynamic compression slot is a bi- directional dynamic compression slot para. 48, wherein the shaft further includes a third set of holes (see modified fig. 1d below) longitudinally spaced from each other and disposed proximally of the second set of holes, the third set including fourth and fifth locking holes, wherein the shaft further includes a fourth set of holes (see modified fig. 1d below) longitudinally spaced from each other and disposed distally of the first set of holes, the fourth set including a sixth locking hole and a bi-directional dynamic compression slot, wherein the shaft further includes a group of a locking hole and a dynamic compression slot longitudinally spaced from each other and disposed distally of the first set of holes fig. 1d, wherein the locking hole of the group is disposed distally of the dynamic compression slot of the group fig. 1d, wherein the tibia bone plate further includes a neck (see modified fig. 1d below) disposed between the head and the shaft, and comprises at least three kickstand holes, wherein the plurality of bone screw holes in the head includes a first row of holes 122 and a second row of holes 120b, fig. 1E, the second row of holes 120b disposed distally of the first row holes 122 and are larger than the first row of holes fig. 1E, wherein the head further comprises at least one k-wire hole 124, further comprising a plurality of spaced indentations (that receive screw 168, fig. 3) configured to receive an aiming guide 160a.
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Langdale fails to teach using an aiming guide comprising an aiming arm and an attachment guide, the aiming arm having a proximal end, a distal end, a first side, and a second side, the aiming arm comprising a plurality of openings, wherein each of the plurality of openings is spaced at predetermined intervals between the proximal end and the distal end, and the attachment guide operatively connected to the first side of the proximal end of the aiming arm, the attachment guide including at least one opening that is coaxial with at least one bone screw hole in the plurality of bone screw holes in a neck portion of the tibia bone plate, the attachment guide configured to receive a first end of an attachment post through the at least one opening, the attachment post having a second end comprising at least one ball end pin and a stabilizing protrusion configured to engage with the neck portion of the tibia bone plate.
Grady teaches using an aiming guide comprising an aiming arm 30, fig. 2 and an attachment guide 10, the aiming arm 30 having a proximal end, a distal end, a first side, and a second side fig. 2, the aiming arm comprising a plurality of openings fig. 3, wherein each of the plurality of openings is spaced at predetermined intervals between the proximal end and the distal end fig. 3, and the attachment guide 10 operatively connected to the first side of the proximal end of the aiming arm, the attachment guide 10 including at least one opening that is coaxial with at least one bone screw hole in the plurality of bone screw holes in a neck portion of the tibia bone plate fig. 2, the attachment guide 10 configured to receive a first end of an attachment post 40, fig. 4a through the at least one opening, the attachment post 40 having a second end 43 comprising at least one ball end pin configured to engage with the neck portion of the tibia bone plate fig. 3.
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the system of Langdale with an aiming guide comprising an aiming arm and an attachment guide in view of Grady in order to facilitating guiding and aiming the insertion of bone screws through the holes of the plate.
Response to Arguments
Applicants’ arguments, with respect to the rejection(s) of claim(s) 1-20 under Langdale have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Grady.
Conclusion
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
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